The US Supreme Court has declined to hear an appeal from the California Trucking Association in a lawsuit over how the California Department of Labor Relations determines whether a truck driver is a company employee or an independent contractor, Overdrive Online reports. As a result, the previous dismissal of the case by the Ninth Circuit holds.
The association sued the department commissioner, Julie Su, to have the courts declare that the 1994 Federal Aviation Administration Authorization Act preempts the Borello test, which the department uses to determine whether a truck driver is a company employee or an independent contractor.
While this case was awaiting appeals, the California Supreme Court issued its Dynamex ruling, which applies an even stricter standard in determining proper IC classification. The California Trucking Association has sued to block that standard from being enforced. However, according to Overdrive Online, the state Department of Labor Relations has not yet enforced Dynamex as the standard in its IC classification cases.
The association says the Dynamex ruling threatens independent contractor set-ups in California.